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Hazardous Waste Enforcement: Alabama Department of Environmental Management, Huntsville, DVD Packaging Facility Enter into Consent Order | Mitchell, Williams, Selig, Gates & Woodyard, P.L.L.C.

Hazardous Waste Enforcement: Alabama Department of Environmental Management, Huntsville, DVD Packaging Facility Enter into Consent Order | Mitchell, Williams, Selig, Gates & Woodyard, P.L.L.C.

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The Alabama Department of Environmental Management (“ADEM”) and Technicolor Home Entertainment Services Southeast LLC (“Technicolor”) entered into a November 24th Consent Order (“CO”) addressing alleged violations of the Alabama Hazardous Waste Regulations. Consent Order No. 21-XXX-CHW.

The CO provides that Technicolor operates a DVD packaging facility (“Facility”) in Huntsville, Alabama.

Technicolor claims to have produced pre-recorded multimedia products in the past.

It is stated that the company’s operations have resulted in its operation and according to ADEM Admin. Code Div. 14, Technicolor was classified as a Large Quantity Generator (“LQG”) of hazardous waste in 2019. It was further classified as a Small Quantity Generator (“SQG”) of hazardous waste in 2020. It was declared an LQG of hazardous material in 2021.

An ADEM Industrial Hazardous Waste Branch representative is stated to have conducted a compliance evaluation inspection (“CEI”) of Technicolor on April 13th. The CEI and a review of Technicolor’s compliance is alleged to have indicated the following violations:

  • Unsafe storage areas for hazardous waste can be opened to unintentional entry
  • Failure to post required “No Smoking” signs
  • Failure to post required “Danger – Unauthorized Personnel Keep Out” signs
  • Failure to mark hazardous waste containers with the words “Hazardous Waste”
  • Failure to label hazardous waste containers with an indication about the hazards
  • Failure to properly mark hazardous waste containers with an accumulation day
  • Failure to provide for the review of all previous manifests for the past three years
  • Failure to inspect and document weekly all hazardous waste storage areas
  • Failure to provide training records to employees who handle hazardous waste
  • Failure to submit a waste minimization strategy for review
  • Failure to provide documentation that the Facility’s contingency plan had been sent to all local emergency responders
  • Failure to provide for review of each job title that handles hazardous waste
  • Failure to provide for review of the job description for each position handling hazardous waste
  • Failure to provide a written description detailing the training required for each person who handles hazardous waste
  • Failure to obtain a permit before storing hazardous waste

Technicolor claims that it is committed to operating the Facility, as well as its other operations, in full compliance to all applicable laws and regulations regarding the generation, storage and disposal of hazardous and/or solid waste. Technicolor also stated that:

. . . It strives to build strong relationships with all its stakeholders and to comply with applicable laws and regulations. Technicolor was open and transparent with ADEM about the closure of the Facility, the challenges involved in closing it, and the access to and control over certain records that must remain after it is closed.

Technicolor announced its intention of closing the Facility and was working towards the Facility’s vacating and return to the property owner. According to employees, employees worked hard to close the Facility.

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Technicolor reports that it has vacated its Facility and no longer generates hazardous waste as of August 13th. Technicolor claims that the Facility took all necessary steps before the Facility was closed to transport and dispose of any hazardous waste generated there. Technicolor also stated that there were no releases or leakages of hazardous waste from this Facility.

Technicolor neither admits nor denies ADEM’s contentions.

A civil penalty of $13,320 will be assessed.

You can download a copy of the CO here.

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